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Apologies if I put this in the wrong thread. Do I need to repost it to get a response?
I am taking lots of photos! Re your previous advice and bearing in mind we must have the most toxic Strata Plan on Sydney’s Northern Beaches, what should I focus on as taking precedence – unlisted tenant/breach of DA or as this is not the only issue with this Lot, go straight to NCAT for the appointment of a Strata Manager to take over and get the block fully compliant?
It came to my attention yesterday that Lot 3 is subletting their garage area (their sub-tenant parked in front of my garage). This is why they can’t fit their excess furniture into their garage and store it in the common area lobby. Does this make any difference?
One other thing, Lot 3 use a Coles supermarket trolley to bring their groceries from their garage area. They continually scrape the sides of the lift with the trolley and have worn tracks in the lift carpet; I sometimes find it blocking the stairs up to our apartment.
Again, the lift is only shared by Lot 3 and Lot 4 (us). Lot 3 led the Lighting Committee which has installed a light in the lift which Link Elevators have told me does not meet the Lift Code (Lot 3 was away for the school holidays and the lift light failed). Someone (the assumption is Lot 3) has broken the lift roof in their attempt to replace the globes. I’ve told the Strata Manager that Lot 3 needs to provide a satisfactory explanation for this before Strata replaces the light with one which is up to Code and repairs the lift roof.
On another note, years later, we cannot resolve some of issues that stem from the work the Lighting Committee did that impact Lot 4. At an AGM, it was agreed that I get an electrician in to find a satisfactory resolution for the common areas that impact both Lot 3 and Lot 4. When the electrician was on site Lot 3 came out of their apartment and started telling the electrician what to do. It ended up in a pretty ugly scene, especially as the male in the Lot 3 relationship is very aggressive, so I suggested the electrician leave. That electrical company has said categorically, they will never, never do any work at this Strata Plan again.
The organ or keyboard has been a fixture, on and off, for years. I see it as I walk in every night. Lot 3 moved it when they travelled but they’ve been home for 6 months or more and the organ has been back in the common property lobby since their return. A dressing table comes and goes. Other items, like paintings, etc. I assume they store there as they want to sell them and they don’t want people viewing items for purchase from their apartment. Hats, school bags, school shoes and drink bottles are left there randomly, sometimes they belong to their children and sometimes they belong to visiting children. The umbrella stand is permanent and for their use only.
Their assumption is that the ‘space’ underneath the stairs up to our apartment is their storage space. Unfortunately, it’s came home to me that this situation can’t continue when my Mum visited from the country. She’s got balance issues, a similar thing to Meniere’s Disease, so couldn’t get up the flight of stairs to our apartment and needed to get the lift from street level or Lot 3’s level up to our apartment. She tried to steady herself by reaching out to one of their office chairs, which as its on wheels on a tiled floor, resulted in a nasty accident.
I’ve emailed the Strata Manager about the incident but the organ and office chair are still in the common property lobby.
Thank you for responding JimmyT. My situation has gone from bad to worse!
An Executive Committee Meeting was held on Thursday last week. I was Chair. One Lot, the Lot that causes most issues, was declared unfinancial but we went ahead anyway with the intent of resolving at least some of the long standing issues. Three hours of argument followed but nothing was really resolved satisfactorily. The lot that was unfinancial then sent an email on Friday to say the meeting was invalid, as the final agenda had not been received within 72 hours of the start of the meeting.
The Lot that was unfinancial is also responsible for $300k of renovations which took most of 2015. They were forced into a by-law for their common property works but not for their internal works. They say there is no need for a By Law on their internal works and that they had wooden floors prior to their renovation. They say these things with such conviction and they are backed by their friends in another lot. The two remaining lots, us and the newcomers, are powerless to refute them.
The newcomers now see the absence of By Laws as the precedent, i.e. no By Laws are required by the strata plan and by extension, no By Law is required for the privacy screen they’re erected without permission.
While the difficult lot did come to the Executive Committee meeting – they seem to enjoy the confrontation, want to regain ‘control’, dictate and veto any expenditure for which they don’t have a direct benefit. They are also now refusing to receive or respond to email going forward.
The strata manager is completely ineffectual.
I suspect there will be only one meeting now, an AGM, and all lots, us included, will do as they like with respect to illegal works.
We share a lobby with the difficult lot. Tonight, as I have done for years, I will go home to various items of their furniture and their kids school bags in my lobby and the absence of light up the stairs to my apartment as they’ve re positioned our lighting so they can have a pendant light over their front door!
🙁
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